Radiological protection (miscellaneous provisions) act 2014

Enactment Date23 Jul 2014
Act Number20


Number 20 of 2014


RADIOLOGICAL PROTECTION (MISCELLANEOUS PROVISIONS) ACT 2014


CONTENTS

PART 1

General

Section

1. Short title, collective citation and commencement

2. Interpretation

3. Repeals

PART 2

Dissolution of the Radiological Protection Institute of Ireland

4. Dissolution day

5. Dissolution of the Radiological Protection Institute of Ireland

6. Transfer of functions to Environmental Protection Agency

7. Transfer of land and other property

8. Transfer of rights and liabilities, and continuation of leases, licences and permissions granted by dissolved body

9. Liability for loss occurring before dissolution day

10. Provisions consequent upon transfer of functions, assets and liabilities to Agency

11. Final accounts and final report of dissolved body

12. Transfer of members of staff of dissolved body

13. Superannuation

14. Transitional arrangements regarding chief executive officer of dissolved body

15. Savers for certain matters

PART 3

Amendments Consequent upon Dissolution of Radiological Protection Institute of Ireland

Chapter 1

16. Amendment of section 8 of Act of 1991

17. Amendment of section 9 of Act of 1991

18. Amendment of section 36 of Act of 1991

Chapter 2

19. Amendment of section 3 of Act of 1992

20. Amendment of section 16 of Act of 1992

21. Amendment of section 19 of Act of 1992

22. Amendment of section 21 of Act of 1992

23. Amendment of section 24 of Act of 1992

24. Amendment of section 25 of Act of 1992

25. Amendment of section 27 of Act of 1992

26. Amendment of section 28 of Act of 1992

27. Amendment of section 45 of Act of 1992

28. Amendment of section 53 of Act of 1992

29. Amendment of section 55 of Act of 1992

30. Amendment of section 66 of Act of 1992

31. Amendment of section 76 of Act of 1992

32. Amendment of section 79 of Act of 1992

Chapter 3

33. Amendment of Dumping At Sea Act 1996

34. Amendment of European Communities Regulations

PART 4

Amendments Required by Reason of Amendment to the Convention on the Physical Protection of Nuclear Material

35. Amendment of section 2 of Act of 1991

36. Amendment of section 8 of Act of 1991

37. Amendment of section 27 of Act of 1991

38. Amendment of section 29 of Act of 1991

39. Amendment of section 30 of Act of 1991

40. Insertion of new sections 34A and 34B in Act of 1991

41. Amendment of section 36 of Act of 1991

42. Amendment of section 38 of Act of 1991

43. Amendment of section 40 of Act of 1991

PART 5

Miscellaneous Provisions

44. Amendment of section 2 of Act of 1991

45. Amendment of section 7 of Act of 1991

46. Amendment of section 3 of Act of 1992

47. Amendment of section 52 of Act of 1992

SCHEDULE

Amendment to the Convention on the Physical Protection of Nuclear Material


Acts Referred to

Carriage of Dangerous Goods by Road Act 1998 (No. 43)

Containment of Nuclear Weapons Act 2003 (No. 35)

Criminal Justice (Theft and Fraud Offences) Act 2001 (No. 50)

Dumping At Sea Act 1996 (No. 14)

Environmental Protection Agency Act 1992 (No. 7)

European Communities Act 1972 (No. 27)

Harbours Act 1996 (No. 11)

Interpretation Act 2005 (No. 23)

Minimum Notice and Terms of Employment Acts 1973 to 2005

Nuclear Test Ban Act 2008 (No. 16)

Organisation of Working Time Act 1997 (No. 20)

Parental Leave Acts 1998 and 2006

Protection of Employees (Part-Time Work) Act 2001 (No. 45)

Radiological Protection (Amendment) Act 2002 (No. 3)

Radiological Protection Act 1991 (No. 9)

Radiological Protection Acts 1991 to 2002

Redundancy Payments Acts 1967 to 2012

Unfair Dismissals Acts 1977 to 2007


Number 20 of 2014


RADIOLOGICAL PROTECTION (MISCELLANEOUS PROVISIONS) ACT 2014


An Act to provide for the dissolution of the Radiological Protection Institute of Ireland and the transfer of all its functions, assets, liabilities and staff to the Environmental Protection Agency; to give effect to the Amendment to the Convention on the Physical Protection of Nuclear Material done at Vienna on 8 July 2005; to amend the Radiological Protection Act 1991 , the Environmental Protection Agency Act 1992 and certain other enactments; and to provide for matters connected therewith.

[23 rd July, 2014]

Be it enacted by the Oireachtas as follows:

PART 1

General

Short title, collective citation and commencement

1. (1) This Act may be cited as the Radiological Protection (Miscellaneous Provisions) Act 2014.

(2) The Radiological Protection Acts 1991 to 2002 and this Act may be cited together as the Radiological Protection Acts 1991 to 2014.

(3) This Act shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or provisions and for the repeal of different provisions of the Act of 1991 effected by section 3 .

Interpretation

2. In this Act—

“Act of 1991” means the Radiological Protection Act 1991 ;

“Act of 1992” means the Environmental Protection Agency Act 1992 ;

“Agency” means the Environmental Protection Agency;

“dissolution day” means the day appointed under section 4 ;

“dissolved body” has the meaning assigned to it by section 5 ;

“enactment” has the same meaning as it has in the Interpretation Act 2005 ;

“Minister” means the Minister for the Environment, Community and Local Government.

Repeals

3. The following provisions of the Act of 1991 are repealed:

(a) Part II, other than sections 7, 8 and 9, and

(b) the First Schedule.

PART 2

Dissolution of the Radiological Protection Institute of Ireland

Dissolution day

4. The Minister may, by order, appoint a day to be the dissolution day for the purposes of this Act.

Dissolution of the Radiological Protection Institute of Ireland

5. On the dissolution day, the Radiological Protection Institute of Ireland (in this Act referred to as the “dissolved body”) shall stand dissolved.

Transfer of functions to Environmental Protection Agency

6. (1) All functions that, immediately before the dissolution day, were vested in the dissolved body by or under any enactment shall on that day stand transferred to the Agency.

(2) References in any enactment (other than this Act) passed before the dissolution day, or in any instrument made before the dissolution day under an enactment, to the Radiological Protection Institute of Ireland shall, on and after the dissolution day, be construed as references to the Agency.

(3) References in any enactment or in any instrument under an enactment that, immediately before the dissolution day, were to be construed as references to the Radiological Protection Institute of Ireland shall, on and after the dissolution day, be construed as references to the Agency.

Transfer of land and other property

7. (1) On the dissolution day, all lands that, immediately before that day, were vested in the dissolved body and all rights, powers and privileges relating to or connected with such lands shall, without any conveyance or assignment, stand vested in the Agency for all the estate or interest therein that, immediately before the dissolution day, was vested in the dissolved body, but subject to all trusts and equities affecting the lands continuing to subsist and being capable of being performed.

(2) On the dissolution day, all property (other than land), including choses-in-action, that immediately before that day, was vested in the dissolved body shall stand vested in the Agency without any assignment.

(3) Every chose-in-action vested in the Agency by virtue of subsection (2) may, on and after the dissolution day, be sued on, recovered or enforced by the Agency in its name, and it shall not be necessary for the Agency, or the dissolved body, to give notice to any person bound by the chose-in-action of the vesting effected by that subsection.

Transfer of rights and liabilities, and continuation of leases, licences and permissions granted by dissolved body

8. (1) All rights and liabilities of the dissolved body arising by virtue of any contract or commitment (expressed or implied) entered into by it before the dissolution day shall on that day stand transferred to the Agency.

(2) Every right and liability transferred by subsection (1) to the Agency may, on and after the dissolution day, be sued on, recovered or enforced by or against the Agency in its name, and it shall not be necessary for the Agency or the dissolved body to give notice to any person of the transfer of any such right or liability.

(3) Every lease, licence, wayleave or permission granted by the dissolved body in relation to land or other property vested in the Agency by or under this Act, and in force immediately before the dissolution day, shall continue in force on and after that day as if granted by the Agency.

Liability for loss occurring before dissolution day

9. (1) A claim in respect of any loss or injury alleged to have been suffered by any person arising out of the performance, before the dissolution day, of the functions transferred to the Agency by this Act shall, on and after that day, lie against the Agency and not against the dissolved body.

(2) Any legal proceedings pending immediately before the dissolution day, to which the dissolved body is a party, that relate to a function of the dissolved body transferred by this Act, shall be continued on and after that day, with the substitution in the proceedings of the Agency, in so far as they so relate, for the dissolved body.

(3) Where, before the dissolution day, agreement has been reached between the parties concerned in settlement of a claim to which subsection (1) relates, the terms of which have not been implemented, or judgment in such a...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT